B VENKATESWARLU REDDY v. THE STATE OF ANDHRA PRADESH
WP/11893/2024 · 2025-08-18
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49643 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49643 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT:
THE HON’BLE SMT JUSTICE V. SUJATHA Writ Petition No.11893 of 2024 Between:-
… Petitioners And
… Respondents
Counsel for petitioner : Sri Ch. C. Krishna Reddy Counsel for respondents : G.P. for Irrigation
2 The Court made the following: ORDER:
Challenging the action of the respondents in not paying the interest for execution of the works viz., 1) protection works and repairs to damaged super passage at KM 25.767 of BPR canal; 2) protection works on U/s from KM 25.743 to KM 75.767 of super passage at KM 25.767 of BPR canal, the present writ petition is filed. 2. The case of the petitioner is that he was awarded a contract for execution of work i.e. Neeru-Chettu for protection works and repairs to damaged super passage at KM 25.767 of BPR canal; 2) protection works on U/s from KM 25.743 to KM 75.767 of super passage at KM 25.767 of BPR canal and accordingly, the petitioner executed the said works. After completion of the said work, as the admitted amount was not paid, the petitioner filed W.P.No.13190 of 2022, wherein this court directed the respondents to release the admitted amounts, while giving liberty to the petitioner to agitate his claim for interest, if any, payable by the respondents in an appropriate forum. Being aggrieved by the action of the respondents in not paying the interest for the amounts, the petitioner filed the present writ petition. 3
3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation. 4. When the matter came up for hearing, the learned Assistant Government Pleader placed on record a copy of the letter addressed by the Executive Engineer, S.P. Division No.2, Nellore, vide Letter No.EE/SP2/NLR/NC-CC/285M, dated 10.07.2024, wherein it is stated that as per the agreement, the interest will not be paid to the petitioner and that it is not feasible to make payment of interest on bills for the works that are being taken up with public money, which is to be utilized judiciously.
It is further stated that in similar circumstances, in W.A.No.724 of 2021, dated 18.11.2021, this Court granted stay with regard to payment of interest duly observing that ultimately the money remained in public exchequer of which the State Government is only a custodian and that there was no occasion for grant of interest by invoking the principle of unjust enrichment and that the Government may be exempted from payment of interest on the pendin g bills of Neeru-Chettu programme. 5. On perusal of a copy of the order passed by a Division Bench of this Court in W.A.No.60 of 2025, wherein it is held that
4
As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. _____________ V. SUJATHA, J
Date: 23.04.2024
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